Where prior to judicial decisions being finalized, if several offences have resulted in sentences to imprisonment of not more than six months each, then according to Article 41 of the Criminal Code, those sentences may each be converted into a fine. According to Article 51 of the same Code however, those individual sentences for the offences prior to the above conviction being finalized shall be combined for the purpose of execution. Where the combined sentence to be executed exceeds six months in duration, then such sentence cannot be commuted into a fine. This would create unnecessary restrictions on the people's freedoms and rights, and therefore does not conform to the provisions of Article 23 of the Constitution. The above provisions of the Criminal Code should therefore be reviewed and revised accordingly. With regard to the abovementioned situation where several sentences of imprisonment combined for the purpose of execution exceed six months in duration, the portion of Article 41 of the Criminal Code concerning the restriction that the conversion of terms of imprisonment into fines be limited to imprisonment of less than six months only, shall become void within one year from the date of this Interpretation.

　　　 Due to reasons of policy considerations in the Criminal Code, Article 50 of that Code provides for the combination of several sentences for multiple offences, prior to the carrying out of the sentences for these offences being finalized. In addition, Article 51 of the same Code states that where several sentences are announced separately, a single sentence for the purpose of execution shall be imposed. If the individual sentences are imprisonment, then the combined sentence for the purpose of execution shall be greater in duration than the longest of duration of each of the individual sentences, and less than the sum of the durations of all of the individual sentences. The aim of this provision, thus, is clearly to avoid placing an offender at a disadvantage after the combination of the individual sentences.

　　　 Where the maximum basic sentences prescribed for the various offences do not exceed three years of imprisonment each, and the actual sentences imposed for each offence do not exceed six months of imprisonment, and the execution of the imposed sentences is manifestly difficult due to physical, educational, occupational or family reasons, then according to Article 41 of the Criminal Code, those sentences may each be commuted into a fine. There thus exists an opportunity to commute imprisonment sentences restricting one's freedom into monetary fines. In the case of combining sentences, however, the various imprisonments as separately announced might be combined to produce a resulting sentence that exceeds six months in duration. The consequence thereof is that the combined sentence cannot be converted into a fine. The offender, who may have been able to convert his/her several sentences of imprisonment into fines prior to the combining of the sentences, has now lost such an opportunity and is forced to accept imprisonment restricting his/her freedom. This clearly creates unnecessary restrictions on people's freedoms and rights, and does not thus conform to the essence of Article 23 of the Constitution. The above mentioned provisions of the Criminal Code, as well as other related problems such as the question of how one already completed sentence, out of several sentences, is to be deducted from the duration of the combined sentence, shall be reviewed and revised accordingly. With regard to the abovementioned situation where several sentences of imprisonment combined for the purpose of execution exceed six months in duration, the portion of Article 41 of the Criminal Code concerning the restriction that the conversion of terms of imprisonment into fines be limited to imprisonment of less than six months only, shall become void within one year from the date of this Interpretation.